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HomeMy WebLinkAboutR86-161 ~SOL~ION NO. R86-16% A RESOLUTION OF THE ~YOR ~D CITY cO~CIL OF THE CITY OF PLAI~IEW, TEXAS AUTHORIZING THE ~YORTO ~ECUTE AL~HEAL~ SERVICES cONTRACT, wI~THE TEXAS DEP~TMENT OF HEAL~, NO. CT000552- WHEREAS, the City of Plainview and Hale county have created the Plainview-Hale county Health District; and WHEREAS, the Plainview-Hale county Health District has annually received funds from the Texas Depar~ent of Health; and WHEREAS, the Texas Department of Health has submitted a proposed Local Health Services Contract No. C70000552 for consideration of execution by the City and county; and WHEREAS, said contract will fund a Nurse III position and a Sanitarian I position at a total annual expense of $50,064.00. NOW, THEREFORE BE IT RESOLVED by the Mayor and City council the City of Plainview, Texas that the Mayor is hereby authorized to execute, on behalf of the City of Plainview, Texas Department of Health Local Health Services Contract No. C7000552 with the term of said contract to end on Septe~er 30, 1987. PASSED ~D APPROVED this 23rd day of ~, 1986. ATTEST: ~YL/OW~N, City Clerk STATE OF TEXAS COUNTY OF TRAVIS TDH Document No. C7000552 LOCAL HEALTH SERVICES CONTRACT The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, acting through its Deputy Commissioner for Manaqement and Administration, and COUNTY OF HALE, CITY OF PLAINVIEW acting by its (Authorized Contracting Entity) JuDGE cOUnTY OF HALE, MAYOR CITY OF PLATNVIEW {Title of Person Authorized to Sign Contracts) acting through a local health unit/local by Art. 4436b, V.T.C.S., mutually agree as follows: PLAINVIEW-HALE COUNTY HEALTH DISTRICT (Name of PERFORMING A~ENCY) ' health department/public health district as defined hereinafter referred to as PERFORMING AGENCY, ARTICLE 1. Scope and Term of Contract This contract incorporates all agreements, covenants, and understandings between the parties hereto concerning the Attachment(s) and all such covenants, agreements, and understandings have'been merged into this written contract. No prior agreement or understanding, oral 'or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this contract. PERFORMING AGENCY shall perform the work outlined in the Scope(s) of Work which is/are hereby incorporated and made a part of this contract as Attachment(s) I - 2 , plus amendments which may be added by additional Attachment(s) from time to time as hereinafter provided. This contract may be amended 1~ as necessary by monthly payroll affidavit for state budgeted positions as originally set forth in Attachment(s) hereto, or 2) as provided in Article 4, or 3) by the addition of Attachment(s) containing additional Scope(s) of Work and/or Budget(s) related to same, or 4) by revision of existing Attachment(s) and the Scope(s) of Work and/or Budget(s); such amendment(s) shall be in writing and duly executed by the parties hereto. The term of this contract shall be governed by the time period on the Attachment(s). No commitment of contract funds is permitted prior to the first day nor subsequent to the last day of the term. The term may be extended by amendment(s). [ F"'ITT'"?'' ?" rTq'T'q, r If any provision(s) of this contract shall be construed to be illegal or invalid, it shall not affect the legality or validity of any of the other provisions hereof, and the illegal or invalid provision(s) shall be deemed stricken and deleted herefrom to the same extent and effect as if never incorporated herein, but all other provisions shall continue. ARTICLE 2. Applicable Laws and Standards Parties agree this contract shall be governed by the laws of the State of Texas and enabling Federal regulations, including Treasury Circular 1075 (31 CFR Part 205) and grant requirements applicable to funding sources as set out in Attachment(s) hereto. PERFORMING AGENCY agrees-that the Uniform Grant and Contract Management Standards (UGCMS), Article 4413,~ sect~ion 32g, v.T.C.S., will apply as terms and conditions of this contraCt, and the standards are adopted by reference in their entirety with the exception of Attachment P, A-102, Audit Requirements. Audits shall be in compliance with OMB Circular A-128, "Audits of State and Local Governments." If there is a conflict between the provisions of this contract and UGCMS, the provisions of UGCMS will prevail unless expressly stated otherwise. A copy of this manual and its references are provided to PERFORMING AGENCY by RECEIVING AGENCY upon request. UGCMS contains requirements in OMB Circular Nos. A-87 and A-102 that pass through with State and Federal monies which are hereby adopted when applicable, including but not limited to: 1. allowable costs in applicable Cost Principles, A-87; 2. financial .management standards, A-102, Attachment G; and 3. procurement, A-102, Attachment O. In addition, A-102, Attachment O, sets out provisions that must be in all contracts. Those provisions are hereby adopted when 'applicable, and include but are not limited to: record access and retention; Equal Employment Opportunity; environmental and energy protection laws and regulations. No person in the United States shall on the grounds of race, creed, color, handicap, age, ability to pay, sex, or national origin be excluded from participation in, be denied the proceeds of, or be sqbject to discrimination in the performance of this contract. The parties will comply with the regulations promulgated by the Secretary of Department of Health and Human Services, with the approval of the President of the United States, pursuant to Title VI of the Civil Rights Act of 1964 (45 CFR Part 80). In addition, PERFORMING AGENCY shall comply with the provisions of the Rehabilitation Act of 1973, Public Law 93-112, Section 504, which ensures that no individual "shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination in this program." ARTICLE 3. Personnel All personnel funded by Attachment(s) to this contract are employees of PERFORMING AGENCY which shall be responsible for their direction and control and liable for any of their acts or omissions. PERFORMING AGENCY agrees to defend and indemnify RECEIVING AGENCY for any and all claims and/or judgements taken against any employees, state or local, or against said RECEIVING AGENCY, arising out of any claims or cause of action against any such employees, except to the extent that employees on state budgeted positions may be indemnified and the state may be liable for certain acts pursuant to Chapter 104 of the Civil Practice and Remedies Code of Texas.__?d any other applicable law. PERFORMING AGENCY shall have i'n place legally sufficient Due Process Hearing Procedures for all of its employees filling state budgeted positions. The Director of PERFORMING AGENCY shall have full authority to employ, promote, suspend, demote, discharge, and transfer any and all state budgeted personnel funded by Attachment(s) to this contract; provided, however, that any demotion, suspension, or discharge of such state budgeted employees shall be in accordance with the Due Process Hearing Procedures as set out above. The only distinction between state budgeted and local paid employees is that employees on state budgeted positions receive state benefits and are subject to certain obligations as state employees, as contained in state law. These obligations include provisions that no employee paid on a state budgeted position may receive a salary supplement from any other source. Unless specifically authorized by Attachment(s) to this contract, none of the funds provided by Attachment(s) shall be used to pay overtime employees on state budgeted positions. PERFORMING AGENCY shall be responsible for any obligations for overtime pay due such employees which are not so authorized by RECEIVING AGENCY. If funds are provided in Attachment(s) for travel costs, any reimbursements to employees on state budgeted positions from such funds must be made at rates that are based on incurred expenses and may not exceed the maximum amounts authorized under current state travel regulations. PERFORMING AGENCY will utilize RECEIVING AGENCY policies and procedures for hiring and promoting individuals into state budgeted positions funded by Attachment(s) to this contract. Qualifications of any individuals filling these positions will be subject to approval of RECEIVING AGENCY Bureau of Personnel Management. The purpose of the approval is to insure that individuals occupying these state budgeted positions meet minimum educational and experience requirements. ARTICLE 4. Fundinq PERFORMING AGENCY shall use funds from this contract to supplement its budget. These funds will in no event supplant funds from other sources currently available to PERFORMING AGENCY. PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill the scope of work of Attachment(s) in lieu of being furnished state payroll warrants after a state budgeted position becomes vacant. Reimbursement shall not exceed the balance of funds on the state budgeted position..after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY DireCtor and/or Anthony A. L¥oa$, M.D., .(title) is/are authorized to submit written request for conversion. RECEIVING AGENCY shall transmit formal approval and revised budget to PERFORMING AGENCY to complete the conversion. PERFORMING AGENCY shall provide written notice(s) to RECEIVING AGENCY of the amount of funds, if any, to be lapsed. Such noticeI~') shall be given not later than the beginning of the final three months of Attachment(s). PERFORMING AGENCY Director and/or (title) is/are authorized to give such notice and negotiate a reduction to the approved budget by submitting a request for revised budget (TDH Form GC-9). PERFORMING AGENCY shall develop a fee for service system and a schedule of fees for personal health services in accordance with the provisions of Article 4414c, V.T.C.S., and the Texas Board of Health rules covering Fees for Clinical Health Services (25 TAC, Sec. 1.91) and other applicable laws; provided, however, that a patient may not be denied a service, due to inability to pay. In comPiiance with Article 6252-13e, V.T.C.S., PERFORMING AGENCY shall provide RECEIVING AGENCY with evidence that a public meeting or hearing was held to seek public comment on the needs and uses of federal block grant funds received by PERFORMING AGENCY under this contract. Record of public participation efforts undertaken must be filed with RECEIVING AGENCY. PERFORMING AGENCY agrees to and by executing this contract assigns to RECEIVING AGENCY uncommitted expenditures of local funds for public health services as matching for Federal funds. Assigned local funds shall be reported to RECEIVING AGENCY on the annual/final report Form 270. In the event such assigned funds are required by PERFORMING AGENCY to match other Federal funds, prior written approval may be requested of RECEIVING AGENCY. This contract is contingent upon funding being available for the term of the Attachment(s) and PERFORMING AGENCY shall have no right of action against RECEIVING AGENCY in the event that RECEIVING AGENCY ~s unable to perform its obligations under this contract as a result of the suspension, termination, withdrawal, or failure of funding to RECEIVING AGENCY or lack of sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. If funds become unavailable, provisions of the Termination Article in this contract shall apply. ARTICLE 5. Proqram Income All revenues received from the delivery of contract services shall be identified and reported and shall be utilized as provided in this article. Such program income shall be retained by PERFORMING AGENCY and: (1) be used by PERFORMING AGENCY for any purposes which further the objectives of the program and the Scope of Work for the Attachment(s) and be deducted from total project costs or (2) be deducted from total project costs. ' This is according to RECEIVING AGENCY policy interpreting UGCMS, a copy of policy is provided as supplementary material to UGCMS upon request, and is incorporated by reference as a condition of this contract. ARTICLE 6. Compensation and Pa'~ment The following provisions establish responsibilities, uniform procedures and standard form for billing and forfeitures for noncompliance. Compensation and/or reimbursement shall be contingent on a signed contract. For services satisfactorily performed pursuant to the Scope(s) of Work, PERFORMING AGENCY shall have furnished state warrants for salary compensation for employees on state budgeted positions or reimbursement warrants for allowable costs. Combined compensation payments and reimbursements shall not exceed the total of all Attachment(s) hereto. Allowable costs shall be as outlined in Attachment(s) and must be substantiated by source documentation. Advance payment may be requested in accordance with the applicable provisions of this contract. Claims for compensation or reimbursement shall be on the forms and .in the format prescribed by RECEIVING AGENCY. Compensation PERFORMING AGENCY shall maintain required records and submit documents necessary to processing personnel, payroll leave and time records on state budgeted positions. ' Reimbursements Claims will be made on State of Texas Purchase Voucher (TDH Form #AG-37). Claims for reimbursement of actual expenses will be submitted monthly within 20 days following the end of the month covered by the bill. A makeup claim may be submitted as a final closeout bill not later than 45 days following the end of Attachment term(s). Payments made for approved claims or notice of denial of claims submitted against Attachment(s) to this contract shall be mailed no later than 60 days after receipt of monthly vouchers. Payment may be denied if required financial reports are not on file for previous quarters or for the final period, or if program requirements are not met as specified in Scope(s) of Work. Payment is considered mailed on the date postmarked. Any reimbursements made by PERFORMING AGENCY to subcontractors shall De made in accordance with Article 601f, V.T.C.S. Advance Payment PERFORMING AGENCY may request in writing a one time advance with proper justification and concurrence of RECEIVING AGENCY. ApProval by RECEIVING AGENCY will be based on compliance of PERFORMING AGENCY with UGCMS, Attachment J paragraph 3, (b) and (c). Amount of advance shall be , for each determined by amount and term of the Attachment(s); h°wever'(1/6th) of Attachment, amount of the advance]shall not eXceed one'sixth the Attachment amount. Advance shall be requested on State of Texas Purchase Voucher at the beginning of Attachment periOd or at a single later time in Attachment 'period if circumstances so warrant and the request is approved. Advance funds will be liquidated in the final months of the Attachment period so that, after final monthly billing, PERFORMING AGENCY will not have advance funds on hand. Advance funds may be drawn only to meet immediate cash need~ for disbursement (UGCMS and Federal circulars). ARTICLE 7. Financial Reports Financial reports are required as provided in UGCMS and shall be filed regardless of whether or not expenses have been incurred. Financial Status Report, State of Texas Supplemental Form 269a (TDH Form GC 4), shall be submitted within 20 days fOllOwing the end of each quarter. Annual/Fina~ A final report, Request for Advance or Reimbursement, Form 270 (TDH Form GC-IO) shall be submitted not later than 45 days following the end of Attachment term(s) or as specified in Attachment(s). An amended Form 269a shall be submitted if the amount of expenditures reported in the last quarter changed. I'f necessary, a State of Texas Purchase Voucher will be submitted if all costs have not been recovered or a refund will be made of excess monies if costs incurred were less than funds received. Annual audit reports are required of local expenditures funded through Attachment(s) to this contract. Within 30 days of receipt of audit report, PERfORMiNG AGENCY shall submit a copy to RECEIVING AGENCY, Internal Audit Division. ARTICLE 8. Manaqement ~Data and Inspections PERFORMING AGENCY shall make financial, program, progress, and other reports as requested by RECEIVING AGENCY in the format agreed to by the parties hereto and will arrange for onsite inspections within normal working hours by RECEIVING AGENCY. PERFORMING AGENCY shall participate fully in any required evaluation study. PERFORMING AGENCY will furnish RECEIVING AGENCY an annual budget of PERFORMING AGENCY on forms provided by RECEIVING AGENCY. The budget shall be for PERFORMING AGENCY current fiscal year ending September 1987 ARTICLE 9. Records PERFORMING AGENCY will have a system in effect to protect from inappropriate disclosure of patient records and all other documents deemed confidential by law which are maintained in connection with the activities funded under this contract. ARTICLE 10. Property and Su~i~'es Subject to the obligations and conditions set forth in this contract and UGCMS, title to all property purchased from funds provided herein shall vest upon acquisition with PERFORMING AGENCY. PERFORMING AGENCY shall maintain a property and supplies inventory and administer a program of maintenance, repair, and protection of assets provided under this contract so as to assure their full availability and usefulness for performance under this contract. PERFORMING AGENCY shall submit an annual report of nonexpendable personal property (unit cost $250.00 or more and having a useful life of more than one year) as of August 31st of each year under contract. A format based on UGCMS, A-102, Att. N, is provided by RECEIVING AGENCY. In the event any motor vehicle belonging to RECEIVING AGENCY is provided to PERFORMING AGENCY pursuant to any Attachment hereto to be used within the performance of the Scope of Work set out in such Attachment, and title to such motor vehicle is retained by RECEIVING AGENCY, PERFORMING AGENCY agrees to utilize such motor vehicle only within the paramet6rs of such Scope of Work and to permit the operation of such motor vehicle only by licensed, qualified drivers. RECEIVING AGENCY retains the option to recover all unused supplies and useable equipment furnished under this contract upon the termination of relationship of the parties hereto. This also includes acquisitions through lease-purchase agreements with funds provided under this contract or with funds provided by program income attributable to the programs provided for under this contract. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to, the assets provided under this contract, it shall use the proceeds to repair or replace said assets. ARTICLE 11. Termination This contract or any Attachment(s) hereto may be terminated by either of the parties hereto for noncompliance by the other party. A party intending to terminate for noncompliance by the other party shall provide written notice to the other party at least thirty (30) days prior to the intended date of termination. Such notice shall include the reasons for the termination and shall provide the other party an opportunity to rebut the reasons in. writing. A hearing may'be requested on the proposed termination if such request is made in writing within ten (10) days from any final notification of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. Such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies provided by law or under this contract. This contract or any Attachment(s) hereto may be terminated in whole, or in part, when both parties agree that continuation would not produce results commensurate with further expenditure of funds. Both Parties shall agree on the effective date and, in the case of partial termination, the portion~.uto be terminated. RECEIVING AGENCY shall immediately send PERFORMING AGENCY written notice of the terms agreed to and such notice shall become a part of the contract. PERFORMING AGENCY shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. RECEIVING AGENC~ shall allow full credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract or any Attachment(s) hereto may be terminated if funds allocated for any Attachment(s) hereto should become reduced, depleted, or unavailable during any Attachment(s) budget period, and RECEIVING AGENCY is unable to obtain additional funds for such purposes. RECEIVING AGENCY shall immediately provide written notification to PERFORMING AGENCY of such fact and such Attachment(s) to this contract is/are terminated upon receipt of that notification. PERFORMING AGENCY shall not incur new obligations after the effective date and shall cancel as many outstanding obligations as possible. RECEIVING AGENCY shall allow full ~credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract or any Attachment(s) hereto may be terminated in the event that Federal or state laws or other requirements should be amended or judicially interpreted so as to render continued fulfillment of this 'contract, on the part of either partY, unreasonable or impossible. If the parties should be unable to agree upon amendment which would therefore be needed to enable the substantial continuation of the services contemplated herein, then, upon written notification by RECEIVING AGENCY toi PERFORMING AGENCY, the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations as ofithe date of termination. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED. CONTRACTING ENTITY FOR AND IN BEHALF OF PERFORMING AGENCY iTH DISTRICT (Signature~t~erson AuthJ-~rized to Sign Contracts) RECEIVING AGENCY TEXAS DEPARTMENT OF HEALTH By¸ Hermas L. Miller Deputy Commissioner Management and Administration Date Recommended: By Anthony A. Lyons, M.D., Director (PERFORMING AGENCY Director, if different from above) Print or Type PERFORMING AGENCY Address: P.O. Box 1738 (Mailing Address) Plainview, Texas 79072 (Street Address, if different) 1001 Ash St. (City, Zip Code) Recon~nended: Associate Commissioner Community and Rural Healt Approved as to Form: By. Office of General Counsel CONTRACTING ENTITY FOR AND IN BEHALF OF PERFORMING AGENCY BY Title MAYOR CITY OF PLAINVIEW Date PERFORMING AGENCY: ATTACHMENT NO. 1 PLAINVIEW-HALE COUNTY HEALTH DISTRICT PROGRAM WITHIN RECEIVING AGENCY (TDH)' COMMUNITY AND RURAL HEALTH TERM: September 1, 1986 through Auqust 31~ 1987 SCOPE OF WORK: -~ .... The state direct assistance and other funds to health departments are intended to supplement in the delivery of comprehensive public health services to protect the health of all citizens in the department's jurisdiction. Personal health services may include, but are not limited to, immunizations, maternal and child health, crippled children, adult health, tuberculosis control, chronic disease, dental health, public health education, and venereal disease control. Environmental health services may include, but are not limited to, food inspections, wastewater control, vector control, premise inspections, swimming pool inspections, and other services as related to the particular problems of the jurisdiction. Required personnel, payroll, and time records on state budgeted personnel as the basis for issuance of state payroll warrants shall be submitted to RECEIVING AGENCY. Reports 6f services performed under this Attachment shall be submitted to RECEIVING AGENCY, Community and Rural Health. LEGAL AUTHORITY Current Appropriations Bill. BUDGET The attached list of positions and budgetary amounts, exclusive of category 41 if applicable, is an integral part of Attachment 1. A state warrant will be issued for each filled position in the amount of monthly net salary earnings. This Attachment is exempted from contract financial reporting requirements. Total amount of this Attachment shall not exceed $50~064.00 Texas Department of Health OPERATING BUDGET FOR YEAR ENDING AlJ~U~ T ASOF AF'~ Il F'8, ]~86 .~02~ OESCRIPTION OR TITLE '~dR:.E II! COUNTY HEALTH DEPT 8 UDG£ 7 FUND DESC S'rA T.~ T A'T,_ SALARIES ONLY EFFECTIVE DATE SEP 8 SEP NO. MONTHLY RATE 2,612o01 I ,S6OoO PAGE PBooo BUDGETED AMOUr 31 ,3q# .: 18,720 ~ '30 ~06 q .~ 50,06~ .[ UNO S 50~06No0 ATTACHMENT NO. 2 PERFORMING AGENCY: PLAINVIEW-HALE COUNTY HEALTH DISTRICT PROGRAM WITHIN RECEIVING AGENCY (TDH): BUREAU OF MATERNAL AND CHILD HEALTH TERM: October 1, 1986 through September 30, 1987 SCOPE OF WORK: Provide .clinical services to meet the needs of low income women and children with parti-cular reference to prenatal care for pregnant women, family planning services, and preventive child health services. Services shall be provided in accordance with the standards for maternity, family planning, and child health services as promulgated by the RECEIVING AGENCY, Bureau of Maternal and Child Health. Services performed under this Attachment shall be reported monthly by submission of Maternity/Family Planning and Child~Health Clinic Reports. If fees for services are imposed as provided in Article 4 of this contract, charges will not be imposed for the provision of health services to low income mothers or children. The term "low income" refers to an individual or family with an income determined to be below the nonfarm income official poverty line defined by the Off~ce of Management and Budget and revised annually in accordance with Section 624 of the Economic Opportunity Act of 1964. LEGAL AUTHORITY: Title V, Social Security Act, Omnibus Budget Reconciliation Act of 1981; DHHS final regulations on block grants. BUDGET: Personnel $17,769.00 Fringe Benefits 3,155.00 Travel 300.00 Equipment -O- Supplies 6,300.00 Contractual 3,175.00 Other -0- Total $30,699.00 Financial reports are due the 20th of January, April, July and October and the 15th of November. T~al'.'amount of this Attachment shall not exceed $30,699.00 ...